WEST VIRGINIA CODE

(a) The Parole Board, whenever it is of the opinion that the
best interests of the state and of the inmate will be served, and
subject to the limitations provided in this section, shall release
any inmate on parole for terms and upon conditions provided by this
article.

(b) Any inmate of a state correctional institution is eligible
for parole if he or she:

(1) (A) Has served the minimum term of his or her
indeterminate sentence or has served one fourth of his or her
definite term sentence, as the case may be; or

(B) He or she:

(i) Has applied for and been accepted by the Commissioner of
Corrections into an accelerated parole program;

(ii) Does not have a prior criminal conviction for a felony
crime of violence against the person, a felony offense involving
the use of a firearm or a felony offense where the victim was a
minor child;

(iii) Is not serving a sentence for a crime of violence
against the person, or more than one felony for a controlled
substance offense for which the inmate is serving a consecutive
sentence, a felony offense involving the use of a firearm or a
felony offense where the victim was a minor child; and

(iv) Has successfully completed a rehabilitation treatment program created with the assistance of a standardized risk and
needs assessment.

(C) Notwithstanding any provision of this code to the
contrary, any inmate who committed, or attempted to commit, a
felony with the use, presentment or brandishing of a firearm, is
not eligible for parole prior to serving a minimum of three years
of his or her sentence or the maximum sentence imposed by the
court, whichever is less: Provided, That any inmate who committed,
or attempted to commit, any violation of section twelve, article
two, chapter sixty-one of this code, with the use, presentment or
brandishing of a firearm, is not eligible for parole prior to
serving a minimum of five years of his or her sentence or one third
of his or her definite term sentence, whichever is greater. Nothing
in this paragraph applies to an accessory before the fact or a
principal in the second degree who has been convicted as if he or
she were a principal in the first degree if, in the commission of
or in the attempted commission of the felony, only the principal in
the first degree used, presented or brandished a firearm. An
inmate is not ineligible for parole under the provisions of this
paragraph because of the commission or attempted commission of a
felony with the use, presentment or brandishing of a firearm unless
that fact is clearly stated and included in the indictment or
presentment by which the person was charged and was either: (i)
Found guilty by the court at the time of trial upon a plea of
guilty or nolo contendere; (ii) found guilty by the jury, upon submitting to the jury a special interrogatory for such purpose if
the matter was tried before a jury; or (iii) found guilty by the
court, if the matter was tried by the court without a jury.

(D) The amendments to this subsection adopted in the year
1981:

(i) Apply to all applicable offenses occurring on or after
August 1 of that year;

(ii) Apply with respect to the contents of any indictment or
presentment returned on or after August 1 of that year irrespective
of when the offense occurred;

(iii) Apply with respect to the submission of a special
interrogatory to the jury and the finding to be made thereon in any
case submitted to the jury on or after August 1 of that year or to
the requisite findings of the court upon a plea of guilty or in any
case tried without a jury: Provided, That the state gives notice
in writing of its intent to seek such finding by the jury or court,
as the case may be. The notice shall state with particularity the
grounds upon which the finding will be sought as fully as the
grounds are otherwise required to be stated in an indictment,
unless the grounds upon which the finding will be sought are
alleged in the indictment or presentment upon which the matter is
being tried; and

(iv) Does not apply with respect to cases not affected by the
amendments and in those cases the prior provisions of this section
apply and are construed without reference to the amendments.

(v) Insofar as the amendments relate to mandatory sentences
restricting the eligibility for parole, all matters requiring a
mandatory sentence shall be proved beyond a reasonable doubt in all
cases tried by the jury or the court.

(E) As used in this section, "felony crime of violence against
the person" means felony offenses set forth in article two, three-
e, eight-b or eight-d, chapter sixty-one of this code; and

(F) As used in this section, "felony offense where the victim
was a minor child" means any felony crime of violence against the
person and any felony violation set forth in article eight, eight-
a, eight-c or eight-d, chapter sixty-one of this code.

(G) For the purpose of this section, the term "firearm" means
any instrument which will, or is designed to, or may readily be
converted to expel a projectile by the action of an explosive,
gunpowder or any other similar means.

(2) Is not in punitive segregation or administrative
segregation as a result of disciplinary action;

(3) Has prepared and submitted to the Parole Board a written
parole release plan setting forth proposed plans for his or her
place of residence, employment and, if appropriate, his or her
plans regarding education and post-release counseling and
treatment: Provided, That an inmate's application for parole may
be considered by the board without the prior submission of a home
plan, but the inmate shall have a home plan approved by the board
prior to his or her release on parole. The Commissioner of Corrections or his or her designee shall review and investigate the
plan and provide recommendations to the board as to the suitability
of the plan: Provided, however, That in cases in which there is a
mandatory thirty-day notification period required prior to the
release of the inmate, pursuant to section twenty-three of this
article, the board may conduct an initial interview and deny parole
without requiring the development of a plan. In the event the
board believes parole should be granted, it may defer a final
decision pending completion of an investigation and receipt of
recommendations. Upon receipt of the plan together with the
investigation and recommendation, the board, through a panel, shall
make a final decision regarding the granting or denial of parole;
and

(4) Has satisfied the board that if released on parole he or
she will not constitute a danger to the community.

(c) Except in the case of an inmate serving a life sentence,
a person who has been previously twice convicted of a felony may
not be released on parole until he or she has served the minimum
term provided by law for the crime for which he or she was
convicted. An inmate sentenced for life may not be paroled until
he or she has served ten years, and an inmate sentenced for life
who has been previously twice convicted of a felony may not be
paroled until he or she has served fifteen years: Provided, That an
inmate convicted of first degree murder for an offense committed on
or after June 10, 1994, is not eligible for parole until he or she has served fifteen years.

(d) In the case of an inmate sentenced to a state correctional
institution regardless of the inmate's place of detention or
incarceration, the Parole Board, as soon as that inmate becomes
eligible, shall consider the advisability of his or her release on
parole.

(e) If, upon consideration, parole is denied, the board shall
promptly notify the inmate of the denial. The board shall, at the
time of denial, notify the inmate of the month and year he or she
may apply for reconsideration and review. The board shall at least
once a year reconsider and review the case of every inmate who was
denied parole and who is still eligible: Provided, That the board
may reconsider and review parole eligibility any time within three
years following the denial of parole of an inmate serving a life
sentence with the possibility of parole.

(f) Any inmate in the custody of the commissioner for service
of a sentence who reaches parole eligibility is entitled to a
timely parole hearing without regard to the location in which he or
she is housed.

(g) The board shall, with the approval of the Governor, adopt
rules governing the procedure in the granting of parole. No
provision of this article and none of the rules adopted under this
article are intended or may be construed to contravene, limit or
otherwise interfere with or affect the authority of the Governor to
grant pardons and reprieves, commute sentences, remit fines or otherwise exercise his or her constitutional powers of executive
clemency.

(h) (1) The Division of Corrections shall promulgate policies
and procedures for developing a rehabilitation treatment plan
created with the assistance of a standardized risk and needs
assessment. The policies and procedures shall provide for, at a
minimum, screening and selecting inmates for rehabilitation
treatment and development, using standardized risk and needs
assessment and substance abuse assessment tools, and prioritizing
the use of residential substance abuse treatment resources based on
the results of the standardized risk and needs assessment and a
substance abuse assessment. The results of all standardized risk
and needs assessments and substance abuse assessments are
confidential.

(2) An inmate shall not be paroled under paragraph (B),
subdivision (1), subsection (b) of this section solely due to
having successfully completed a rehabilitation treatment plan, but
completion of all the requirements of a rehabilitation treatment
plan along with compliance with the requirements of subsection (b)
of this section creates a rebuttable presumption that parole is
appropriate. The presumption created by this subdivision may be
rebutted by a Parole Boardfinding that, according to the
standardized risk and needs assessment, at the time parole release
is sought the inmate still constitutes a reasonable risk to the
safety or property of other persons if released. Nothing in subsection (b) of this section or in this subsection may be
construed to create a right to parole.

(i) Notwithstanding the provisions of subsection (b) of this
section, the Parole Board may grant or deny parole to an inmate
against whom a detainer is lodged by a jurisdiction other than West
Virginia for service of a sentence of incarceration, upon a written
request for parole from the inmate. A denial of parole under this
subsection precludes consideration for parole for a period of one
year or until the provisions of subsection (b) of this section are
applicable.

(j) If an inmate is otherwise eligible for parole pursuant to
subsection (b) of this section and has completed the rehabilitation
treatment program required under subsection (g) of this section,
the Parole Board may not require the inmate to participate in an
additional program, but may determine that the inmate must complete
an assigned task or tasks prior to actual release on parole. The
board may grant parole contingently, effective upon successful
completion of the assigned task or tasks, without the need for a
further hearing.

(k) (1) The Division of Corrections shall supervise all
probationers and parolees whose supervision may have been
undertaken by this state by reason of any interstate compact
entered into pursuant to the Uniform Act for Out-of-State Parolee
Supervision.

(2) The Division of Corrections shall provide supervision, treatment/recovery and support services for all persons released to
mandatory supervision under section twenty-seven, article five,
chapter twenty-eight of this code.

(l) (1) When considering an inmate of a state correctional
center for release on parole, the Parole Board panel considering
the parole shall have before it an authentic copy of or report on
the inmate's current criminal record as provided through the West
Virginia State Police, the United States Department of Justice or
any other reliable criminal information sources and written reports
of the warden or superintendent of the state correctional
institution to which the inmate is sentenced:

(A) On the inmate's conduct record while in custody, including
a detailed statement showing any and all infractions of
disciplinary rules by the inmate and the nature and extent of
discipline administered for the infractions;

(B) On improvement or other changes noted in the inmate's
mental and moral condition while in custody, including a statement
expressive of the inmate's current attitude toward society in
general, toward the judge who sentenced him or her, toward the
prosecuting attorney who prosecuted him or her, toward the
policeman or other officer who arrested the inmate and toward the
crime for which he or she is under sentence and his or her previous
criminal record;

(C) On the inmate's industrial record while in custody which
shall include: The nature of his or her work, occupation or education, the average number of hours per day he or she has been
employed or in class while in custody and a recommendation as to
the nature and kinds of employment which he or she is best fitted
to perform and in which the inmate is most likely to succeed when
he or she leaves the state correctional institution; and

(D) On any physical, mental, psychological or psychiatric
examinations of the inmate.

(2) The Parole Board panel considering the parole may waive
the requirement of any report when not available or not applicable
as to any inmate considered for parole but, in every case, shall
enter in its record its reason for the waiver: Provided, That in
the case of an inmate who is incarcerated because the inmate has
been found guilty of, or has pleaded guilty to, a felony under the
provisions of section twelve, article eight, chapter sixty-one of
this code or under the provisions of article eight-b or eight-c of
said chapter, the Parole Board panel may not waive the report
required by this subsection. The report shall include a study and
diagnosis of the inmate, including an on-going treatment plan
requiring active participation in sexual abuse counseling at an
approved mental health facility or through some other approved
program: Provided, however, That nothing disclosed by the inmate
during the study or diagnosis may be made available to any law-
enforcement agency, or other party without that inmate's consent,
or admissible in any court of this state, unless the information
disclosed indicates the intention or plans of the parolee to do harm to any person, animal, institution or to property. Progress
reports of outpatient treatment are to be made at least every six
months to the parole officer supervising the parolee. In addition,
in such cases, the Parole Board shall inform the prosecuting
attorney of the county in which the person was convicted of the
parole hearing and shall request that the prosecuting attorney
inform the Parole Board of the circumstances surrounding a
conviction or plea of guilty, plea bargaining and other background
information that might be useful in its deliberations.

(m) Before releasing any inmate on parole, the Parole Board
shall arrange for the inmate to appear in person before a Parole
Board panel and the panel may examine and interrogate him or her on
any matters pertaining to his or her parole, including reports
before the Parole Board made pursuant to the provisions of this
section: Provided, That an inmate may appear by video
teleconference if the members of the Parole Board panel conducting
the examination are able to contemporaneously see the inmate and
hear all of his or her remarks and if the inmate is able to
contemporaneously see each of the members of the panel conducting
the examination and hear all of the members' remarks: Provided,
however, That the requirement that an inmate personally appear may
be waived where a physician authorized to do so by the Commissioner
of Corrections certifies that the inmate, due to a medical
condition or disease, is too debilitated, either physically or
cognitively, to appear. The panel shall reach its own written conclusions as to the desirability of releasing the inmate on
parole and the majority of the panel considering the release must
concur in the decision. The warden or superintendent shall furnish
all necessary assistance and cooperate to the fullest extent with
the Parole Board. All information, records and reports received by
the Parole Board shall be kept on permanent file.

(n) The Parole Board and its designated agents are at all
times to have access to inmates imprisoned in any state
correctional institution or in any jail in this state and may
obtain any information or aid necessary to the performance of its
duties from other departments and agencies of the state or from any
political subdivision of the state.

(o) The Parole Board shall, if requested by the Governor,
investigate and consider all applications for pardon, reprieve or
commutation and shall make recommendation on the applications to
the Governor.

(p) (1) Prior to making a recommendation for pardon, reprieve
or commutation, the board shall notify the sentencing judge and
prosecuting attorney at least ten days before the recommendation.

(2) Notwithstanding any other provision of law to the
contrary, if the board grants a person parole, the board shall
provide written notice to the prosecuting attorney and circuit
judge of the county in which the inmate was prosecuted, that parole
has been granted. The notice shall be sent by certified mail,
return receipt requested, and include the anticipated date of release and the person's anticipated future residence. A written
statement of reasons for releasing the person, prepared pursuant to
subsection (b) of this section, shall be provided upon request.

(q) A parolee shall participate as a condition of parole in
the litter control program of the county to which he or she is
released to the extent directed by the Parole Board, unless the
board specifically finds that this alternative service would be
inappropriate.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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